Moore v. De Guire

SWAN, Circuit Judge.

This is a suit in equity to rescind a contract, and the sale thereunder, of corporate stock and to require the purchaser, George N. DeGuire, to return the stock to the plaintiff and account to her for dividends or profits derived therefrom. Federal jurisdiction rests on diverse citizenship. From a decree of dismissal the plaintiff took an appeal, during the pendency of which Mr. DeGuire died. His executrix has been substituted as appellee.

The theory of the plaintiff’s case is that she was induced to make a contract to sell to Mr. DeGuire her shares of stock in Ajax Hand…